Article 1 – Parties
1.1. Seller
Name:
Address:
Phone:
Email:
1.2. Buyer
Name – Surname/ID Number
Address:
Phone:
Email:
Article 2 – Subject
The subject of this agreement is the sale and delivery of the product specified below, with the characteristics and sales price determined by the BUYER ordering electronically from the SELLER’s website https://www.attaralhas.com, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts.
The Buyer declares that they have been informed by the Seller in a clear, comprehensible, and internet-compatible manner about the name, title, full address, phone, and other contact information of the Seller, basic characteristics of the product, including taxes, the sales price, payment method, delivery conditions and expenses, etc. all preliminary information about the product for sale, the right of “withdrawal” and how to exercise this right, official authorities to whom complaints and objections can be addressed, and that they have confirmed this information electronically before placing the order for the product. The pre-information on https://www.attaralhas.com and the invoice issued upon the buyer’s order are integral parts of this agreement.
Article 3 – Product/Payment/Delivery Information
The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice details, and shipping fee of the product/products purchased electronically are as follows. The person to be invoiced must be the same as the person making the agreement. The information below must be accurate and complete. The Buyer accepts to fully compensate for any damages arising from incorrect or incomplete information and also accepts any liability that may arise from such situations.
The SELLER reserves the right to stop the order if necessary when the information provided by the BUYER does not match reality. In case of identifying issues in the order, if the SELLER cannot reach the BUYER through the provided phone, email, and mailing addresses, the implementation of the order will be suspended for a period of 15 (fifteen) days. During this time, it is expected that the BUYER will contact the SELLER regarding the matter. If no response is received from the BUYER during this period, the SELLER cancels the order to prevent any harm to both parties.
Product(s) Received
Name, code: … pieces
Total Sales Price: … -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone number:
Delivery Address:
Invoiced Person/Company:
Invoice Address:
Tax Office:
Tax ID Number:
Shipping Fee: … -TL
Article 4 – Contract Date and Force Majeure
The contract date is the date on which the order is placed by the buyer, ../../….
Force majeure events that were not present or foreseeable at the time of signing the contract, situations beyond the control of the parties, and that partially or completely make it impossible for one or both parties to fulfill their obligations and responsibilities under the contract (such as natural disasters, war, terrorism, uprising, changes in legislation, seizure or strike, lockout, significant breakdown in production and communication facilities, etc.) will be considered as force majeure. The party affected by force majeure shall immediately notify the other party of the situation in writing.
No liability shall arise from the inability of the parties to fulfill their obligations during the continuation of force majeure. If this force majeure situation persists for 30 (thirty) days, each party will have the right to terminate the contract unilaterally.
Article 5 – Rights and Obligations of the Seller
5.1. The Seller undertakes to fulfill the obligations assigned to them in the contract in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, except in force majeure situations.
5.2. Individuals under the age of 18 cannot make purchases from ……………. The Seller will rely on the age specified in the contract. However, the Seller shall not be held responsible for any inaccuracies in the buyer’s age information.
5.3. https://www.attaralhas.com is not responsible for price inaccuracies caused by system errors. Therefore, the Seller is not responsible for promotional and pricing errors that may arise due to interventions in the website through the system, design, or illegal means. The Buyer cannot claim rights from the Seller based on system errors.
5.4. Shopping with credit card (Visa, MasterCard, etc.) or bank transfer can be done on https://www.attaralhas.com. Orders not paid by bank transfer within one week from the order date will be canceled. The processing time for orders is determined not at the time the order is placed but at the moment when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the bank accounts. Payment methods carried out without consultation with customer services, such as cash on delivery or postal check, are not accepted.
Article 6 – Rights and Obligations of the Buyer
6.1. The Buyer undertakes to fulfill the obligations assigned to them in the contract, except for force majeure events.
6.2. By placing an order, the Buyer acknowledges that they have accepted the terms of the contract and agrees to make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer acknowledges and declares that they are informed about the name, title, full address, phone, and other contact information of the Seller, basic characteristics of the product for sale, including taxes, the sales price, payment method, delivery conditions and expenses, etc. all preliminary information about the product for sale, the right of withdrawal, how to exercise this right, official authorities to whom complaints and objections can be addressed, in a clear, comprehensible, and internet-compatible manner on the https://www.attaralhas.com website. The Buyer further acknowledges that they have confirmed this information electronically before placing the order.
6.4. In accordance with the previous article, the Buyer declares that they have read and are knowledgeable about the product order and payment conditions, product usage instructions, precautions taken for possible situations, and warnings, as well as the www.websiteadrsiniz.com order/payment/use procedure information, and has provided the necessary confirmation electronically.
6.5. In the event that the Buyer wishes to return the purchased product, the Buyer agrees and undertakes not to damage the product and its packaging in any way, to return the original invoice and delivery note during the return, regardless of the circumstances.
Article 7 – Order/Payment Procedure
Order:
After the buyer confirms the total amount including VAT for the products added to the shopping cart (total installment amounts in installment transactions), it is processed through the relevant bank card terminal. Therefore, an order confirmation email is sent to the customer before shipment. Shipment is not made without sending the Order Confirmation email.
In case of any disruption during the process or problems related to the credit card, the buyer is notified through one or more of the phone/fax/email communication channels specified in the contract. If necessary, the buyer may be asked to contact their bank. The processing time for orders is determined not at the time the order is placed but at the moment when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the seller’s accounts.
In exceptional cases where it is understood that the contracted product cannot be supplied and/or a stock problem is encountered, the buyer can be promptly informed, and with the buyer’s approval, an equally quality and priced alternative product can be sent, or a new product can be sent according to the buyer’s desire and choice. The product may enter the stock or be subject to other obstacles to delivery, and/or the order may be canceled.
In cases where the fulfillment of the delivery obligation of the contracted product becomes impossible, the buyer is informed of this situation, and the total amount paid and any documents putting them under obligation are returned to the buyer within ten days at the latest, and the contract is canceled. In such a case, the buyer will not have any additional material or moral claims against the seller.
Payment:
On https://www.attaralhas.com, for buyers who do not want to use their credit card information online, there is the option to order with a cash transfer. In payment by transfer, the buyer can choose the most suitable bank and make the transfer. If an EFT is made, the date of entry into the account will be taken into account. It is necessary to have the “Sender Information” match the “Invoice Information” and the order number must be written when making a transfer and/or EFT.
After the delivery of the product, if the buyer’s credit card, not due to the buyer’s fault, is used by unauthorized persons in an unfair or unlawful manner, and if the relevant bank or financial institution does not pay the product price to the seller, the buyer must send the delivered product to the seller within 10 days. In such cases, the shipping costs are the responsibility of the buyer.
If the buyer prefers to pay by credit card, the buyer acknowledges, declares, and undertakes that the buyer will separately confirm the relevant interest rates and information regarding default interest from their bank, and in accordance with the current legislation, the provisions regarding interest and default interest will be applied under the “Credit Card Agreement” between the Bank and the BUYER.
Article 8 – Shipment/Delivery Procedure
Shipment:
Upon sending the order confirmation email, the product/products are handed over to the cargo company with which the seller has an agreement.
Delivery:
The product/products will be delivered to the buyer’s address by the cargo company with which the seller has an agreement. The delivery period is 30 days from the sending of the order confirmation email and the establishment of the contract. This period may be extended up to ten days if communicated to the buyer in writing or through a durable medium in advance.
Products are sent by phone notification to areas where the cargo company does not make address deliveries.
In areas where the cargo company delivers once a week, there may be deviations from the specified day in cases of errors and omissions in the shipping information, some social events, and natural disasters. The buyer cannot hold the seller responsible for such deviations. If the product is to be delivered to a person/organization other than the buyer, the seller is not responsible for any extra shipping costs arising from the refusal of the person/organization to accept delivery, errors in the shipping information, and/or the absence of the buyer. If the products have not reached the customer within the specified days, delivery problems must be immediately reported to customer service using the email address iletisim@…………….com.
In the case of damaged packages: Damaged packages should not be accepted, and a report must be prepared by the cargo company representative. If the cargo company representative believes that the package is not damaged, the buyer has the right to open the package there, check that the products are delivered undamaged, and request the situation to be recorded with a report. Once the package is accepted by the buyer, it is considered that the cargo company has fulfilled its duty. If the package is not accepted and a report is prepared, the situation must be reported to the seller’s Customer Service with a copy of the report kept by the buyer as soon as possible.
Madde 9 – Product Return and Right of Withdrawal Procedure
Product Return:
The buyer has the right to withdraw from the contract within seven days of receiving the product without stating any reason and without paying any penalty. According to the general notification of the tax procedural law numbered 385, for return transactions to be possible, the buyer must fill out the return sections at the bottom of the two invoices belonging to the seller delivered with the product accurately and correctly, sign one copy, send it to the seller with the product, and keep the other copy. The right of withdrawal period starts from the day the product is delivered to the buyer. The return shipping cost must be covered by the buyer. The right of withdrawal is not applicable for goods prepared according to the buyer’s requests and/or explicitly personalized for the buyer’s personal needs. In case the buyer exercises the right of withdrawal, the seller will refund the total amount received, including any documents that put the consumer under obligation, within ten days from the receipt of the invoice containing the withdrawal notification, without imposing any expense on the consumer. The decrease in the value of the delivered product or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate for the value of the product or the decrease in value.
For mistakenly purchased products, the general return period is 7 days. Within this period, the return of products that have been opened, used, damaged, and so on, is not accepted. The return must be made with the original packaging. If any opening, deterioration, breakage, damage, tearing, usage, or other conditions are detected in the mistakenly purchased product and its packaging, or if the product cannot be returned in the condition it was delivered to the buyer, the product will not be accepted for return, and the price will not be refunded.
To initiate the product return, the situation must be communicated to customer services first. The information about sending the product back as a return is provided by the seller to the buyer. After this communication, the buyer must send the product, along with the invoice containing the return information, through the shipping company that delivered it to the buyer. If the return product meets the conditions specified in this agreement, it will be accepted as a return, and the refund will be made to the buyer’s credit card/account. No refund will be made before the product is returned. The reflection period of credit card refunds to the credit card accounts is at the discretion of the relevant bank.
If the purchase is made with a credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer has indicated the number of installments with which they want to purchase the product, the bank will make the refund in installments. After the seller pays the full amount of the product to the bank at once, the requested refund amounts for installment transactions made through bank POS devices will be transferred to the accounts of the holders again in installments by the bank. The installment amounts paid by the buyer until the cancellation of the sale will be reflected on the card every month with 1 (one) refund if the refund date does not coincide with the card statement dates. The buyer will receive the installment amounts they paid before the cancellation of the sale as a credit for the number of months equal to the number of installments they paid before the refund and will be deducted from their existing debts.
In the case of the return of goods and services purchased with a card, the seller, following the agreement made with the bank, cannot make a cash payment to the buyer. The merchant, when a return transaction occurs, makes the refund through the relevant software and is obliged to pay the relevant amount to the bank either in cash or by setting off. Therefore, cash payment to the buyer cannot be made according to the procedure mentioned above. Credit card refunds will be made by the bank according to the above procedure after the seller has paid the amount to the bank at once.
Madde 10 – Warranty
Products that are used in accordance with the instructions and properly maintained are guaranteed against all manufacturing defects for a period of 2 years under the conditions specified below: The seller’s warranty liability is valid only for consumers covered by Law No. 4077. The provisions of the Turkish Commercial Code will be applicable for commercial transactions.
Madde 11 – Privacy
The information provided by the buyer to the seller for payment purposes, as specified in this agreement, will not be shared with third parties by the seller. The seller can only disclose this information within the framework of administrative/legal obligations. In any kind of legal investigation with documented competence, the seller can provide the requested information to the relevant authorities.
Credit card information is absolutely not stored. Credit card information is used only during the payment process to securely transmit the relevant banks for obtaining authorization, and it is deleted from the system after authorization.
Buyer’s information such as email address, postal address, and phone number is used by the seller only for standard product delivery and information procedures. During certain periods, promotional information, details about new products, and promotional offers may be sent to the buyer after their approval.
Madde 12 – Authorized Court and Execution Offices in Case of Dispute
In the event of a dispute arising from the implementation of this agreement, Consumer Arbitration Committees with jurisdiction over the residence of the Buyer or Seller, up to the value announced by the Ministry of Industry and Commerce every December, are authorized. If an order is placed, the Buyer is considered to have accepted all the conditions of this agreement. [Date]